Adversarial Vs Inquistorial 




Introduction 

It is difficult to clearly define the terms "Adversarial" and "Inquisitorial"
As both system have developed and changed over time. 
Both terms are used in Common Law system and civil law traditions
 
Now Common law and civil law are two distinct legal systems used around the
world. 
Common law is a system of law that is based on legal precedent and decisions
made by judges in prior cases.

 Civil law, on the other hand, is a system of law that is based on written laws and codes that are enacted by legislatures.

 Some of the key differences between these legal systems include:

Adversarial vs Inquistorial Difference. 

Infact Adversarial and inquisitorial systems are two models of criminal justice that differ in their approach to 
•finding truth,
• evidence, 
•and decision-making. 

While civil law countries usually have an inquisitorial system, common law countries mostly have an adversarial system


Adversarial system 
• In this system the role of the court is primarily that of an impartial referee between the 
prosecution and defence . 

•some countries use this system like... 
Australia 
England 
America


Inquistorial System 


This is a part of Legal system where the court or a part of the court is actively involved in 
investigating the facts 
• The Jude collects the facts and investigate then comes to a conclusion 


Countries which practice such systems are... 
• France 
• Italy 
• Netherlands etc... 



Here is a detailed comparison of the adversarial and inquisitorial systems in civil law and common law:


Adversarial system in common law:
The adversarial system is the system used in most common law countries, including the United States and the United Kingdom

The adversarial system in common law is based on the idea that the truth can be found..
• through the confrontation of two parties
• who represent the prosecution and the defense. •The parties have an equal opportunity to present their evidence and arguments before a neutral judge or jury.
• The judge's role is to act as an impartial decision-maker, 
•and it is up to the prosecution and defense to prove their case


Advantages of adversarial system:
One of the advantages of the adversarial system is that...
• it promotes the idea of a fair trial,

•both parties have an equal opportunity to present their case.

•This system also ensures that the burden of proof is on the prosecution,

•which means that they have to prove the defendant's guilt beyond a reasonable doubt.



Inquisitorial system in civil law:-

the inquisitorial system is used in many civil law countries, such as France and Germany. In this system,


•the judge plays a more active role in the investigation and fact-finding process. 

•The judge is responsible for gathering evidence and questioning witnesses,


• and it is up to the judge to decide the outcome of the case.

• In this system, the prosecution and defense do not have the same level of control over the evidence presented and the direction of the trial.


Advantages of inquisitorial system:

One of the advantages of the inquisitorial system is that...

• it places a greater emphasis on finding the truth, rather than on the adversarial process.

•This system also allows the judge to take a more active role in the fact-finding process, which can help to ensure that justice is served.


IS IT HAPPEN THAT ADVERSARIAL SYSTEM IS PRACTICED IN  CIVIL LAW COUNTRY AND INQUISITORIAL IN COMMON LAW COUNTRIES?

The inquisitorial system in common law is not common, but there are some variations of it. In some common law countries, such as Canada, the judge plays a more active role in the fact-finding process. However, the parties still have the opportunity to present their evidence and arguments, and the judge's role is to facilitate the discovery of the truth.

The adversarial system in civil law is similar to the common law system, but there are some differences. For example, in civil law countries, the judge plays a more active role in the questioning of witnesses and the presentation of evidence. The parties may also be required to present their case in a more structured and formal manner.


Stay blessed .